Minister for Transport Shane Ross has reached an agreement with Fine Gael Ministers to fill vacancies for judges in return for accelerating a new judicial appointments system.
The compromise deal, which was reached at the Cabinet meeting, defuses a political row that has been festering within Government for weeks and raised questions at one time about Mr Ross’s continued place in Government.
For his part, Mr Ross has backed down on his threat to veto the appointment of judges until new legislation was passed, but he has won guarantees that reforms he has championed will be brought forward early in the new year.
The appointments process for two District Court judges will begin shortly, with a further two in the new year.
In addition, Mr Ross has agreed that three specialist Circuit Court judges will be transferred from dealing with insolvency matters to the general Circuit Court. This move follows criticism by the President of the Circuit Court Judge Raymond Groarke last week, who complained that he needed more judges appointed to fill vacancies on the bench.
The Cabinet will approve the appointment of these judges to the ranks of the regular Circuit Court next week.
In return for agreeing to the new judges, Mr Ross has secured Fine Gael’s agreement that the general scheme of the new Judicial Appointments Bill – containing a summary of each section – will be published in the next 10 days.
It will provide for a non-legal majority and a non-legal chair for a new judicial appointments commission.
After that, the Oireachtas Joint Committee on Justice will conduct prelegislative scrutiny of the Bill in January and the full legislation will be published no later than the end of January, Government spokesmen said yesterday.
Declaration of interests
Mr Ross’s requests that judges be required to file an annual declaration of interests – which he wants included in separate legislation to oversee judicial conduct – were not discussed by the Cabinet.
The Department of Justice has repeatedly said that it is preparing both pieces of legislation, but that they involve “complex issues”.
The Government previously said it did not intend to appoint any new judges until a new system for their selection was in place. This was on the insistence of Mr Ross, and was agreed when a number of judges were appointed during the summer.
Mr Ross insisted he would not consent to any appointments brought to Cabinet – thus blocking the Government decision needed for any new judges.
However, both the Taoiseach and the Minister for Justice Frances Fitzgerald said that while they agreed that no new judges should be appointed, the Government would have to take account of the need to safeguard the administration of justice. Last week's intervention by the President of the Circuit Court on the urgent need for more judges prompted the Government to address the issue, according to political sources.
A spokeswoman for the Independents in Government said Mr Ross “has facilitated this. He has got a concrete timetable for the Judicial Appointments Bill”.
